The Americans with Disabilities Act (ADA) mandates employers to provide reasonable accommodations for employees with disabilities to ensure equal employment opportunities. A reasonable accommodation is any modification to the work environment or customary practices that enables an individual with a disability to perform their job duties and enjoy employment benefits.
Key Facts
- Understand what constitutes a reasonable accommodation: A reasonable accommodation is any change in the work environment or in the way things are customarily done that enables a person with a disability to enjoy equal employment opportunities. It can include changes to the application or interview process, modifications to the work environment, or adjustments that enable access to benefits and privileges of employment.
- Determine the accommodation you need: Identify the specific accommodation that would enable you to perform the essential functions of your job or access the benefits and privileges of employment. Consider potential accommodations such as workplace accessibility modifications, assistive devices, flexible work schedules, job restructuring, or reassignment to a vacant position.
- Request the accommodation: Inform your supervisor or the human resources department that you need a change at work due to reasons related to your medical condition. You can make this request in person, over the phone, or in writing. It is recommended to use the phrase “I am requesting a reasonable accommodation under the ADA” to clearly communicate your request.
- Provide necessary documentation: If your disability and/or need for accommodation is not obvious, your employer may request medical documentation to confirm that you have a disability and require a reasonable accommodation. The documentation should be narrowly tailored to your accommodation request and should not require a complete medical history.
- Engage in the interactive process: Once you have made your request, you and your employer should engage in an interactive process to determine what accommodation(s) would be effective to address your needs. This process may involve limited medical documentation, clarification questions about your disability and functional limitations, and consultation with others knowledgeable about your position.
- Evaluate the employer’s response: Your employer may approve your request, deny it, or offer an alternative accommodation. If your request is denied, you can continue the interactive process by asking for the reasons in writing and considering alternatives or additional support.
Remember, the process of requesting ADA accommodation is an ongoing dialogue between you and your employer. It is important to maintain open communication and work together to find a mutually agreeable solution.
Determining the Accommodation Needed
To request a reasonable accommodation, it is essential to identify the specific adjustment that would enable you to perform your job effectively. This may include workplace accessibility modifications, assistive devices, flexible work schedules, job restructuring, or reassignment to a vacant position.
Requesting the Accommodation
To initiate the accommodation process, inform your supervisor or the human resources department about your need for a change at work due to medical reasons. You can make this request in person, over the phone, or in writing. It is advisable to use the phrase “I am requesting a reasonable accommodation under the ADA” to clearly communicate your intent.
Providing Necessary Documentation
If your disability and the need for accommodation are not evident, your employer may request medical documentation to verify your disability and the necessity of the accommodation. This documentation should be specific to your accommodation request and should not require a complete medical history.
Engaging in the Interactive Process
Once you have made your request, you and your employer should engage in an interactive process to determine suitable accommodations. This process may involve providing limited medical documentation, answering questions about your disability and functional limitations, and consulting with others familiar with your position.
Evaluating the Employer’s Response
Your employer may approve your request, deny it, or offer an alternative accommodation. If your request is denied, you can continue the interactive process by requesting a written explanation and considering alternatives or additional support.
Conclusion
The process of requesting ADA accommodation is an ongoing dialogue between the employee and the employer. Maintaining open communication and working together to find a mutually agreeable solution is crucial.
Sources:
- What is the process to request a reasonable accommodation in employment? – ADA National Network
- Requesting a Reasonable Accommodation with Template Letter – Equip for Equality
- Employees’ Practical Guide to Requesting and Negotiating Reasonable Accommodation Under the Americans with Disabilities Act – Job Accommodation Network (JAN)
FAQs
What is a reasonable accommodation under the ADA?
A reasonable accommodation is any modification to the work environment or customary practices that enables an individual with a disability to perform their job duties and enjoy employment benefits.
How do I request a reasonable accommodation?
To request a reasonable accommodation, inform your supervisor or the human resources department about your need for a change at work due to medical reasons. You can make this request in person, over the phone, or in writing. It is advisable to use the phrase “I am requesting a reasonable accommodation under the ADA” to clearly communicate your intent.
What documentation do I need to provide to support my request?
If your disability and the need for accommodation are not evident, your employer may request medical documentation to verify your disability and the necessity of the accommodation. This documentation should be specific to your accommodation request and should not require a complete medical history.
What happens after I request a reasonable accommodation?
Once you have made your request, you and your employer should engage in an interactive process to determine suitable accommodations. This process may involve providing limited medical documentation, answering questions about your disability and functional limitations, and consulting with others familiar with your position.
What if my employer denies my request for accommodation?
If your request is denied, you can continue the interactive process by requesting a written explanation and considering alternatives or additional support. You may also have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment practices agency.
Can my employer retaliate against me for requesting an accommodation?
No, your employer cannot retaliate against you for requesting a reasonable accommodation. Retaliation can include adverse employment actions such as demotion, termination, or denial of benefits. If you believe you have been retaliated against, you should report it to your supervisor, human resources department, or the EEOC.
How long does my employer have to respond to my request for accommodation?
There is no specific time frame outlined in the ADA for employers to respond to accommodation requests. However, employers are expected to respond promptly and engage in the interactive process in a timely manner. Unnecessary delays in responding or implementing an accommodation may be considered a violation of the AD
What if I need more than one accommodation?
The duty to provide reasonable accommodation is an ongoing one. You can request multiple accommodations if needed. Your employer must consider each request on a case-by-case basis and engage in the interactive process to determine appropriate accommodations.